2025:UHC:10691 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/935/2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. K.M. Joshi, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Senior Assistant in Industries Department. He was transferred from Haldwani to Champawat, vide order dated 03.05.2024. Feeling aggrieved by his transfer, petitioner filed this writ petition. 4. Coordinate Bench granted interim order in favour of petitioner on 11.06.2024, pursuant to which he is still serving at Haldwani. 5. Transfer is an incident of service, therefore, interference with the order of transfer has to be minimal. 6. Learned counsel for the petitioner submits that petitioner is a serious patient as defined under the Transfer Act. 7. Learned State Counsel, however, disputes the said submission and submits that ailment, allegedly suffered by petitioner, do not bring him in the definition of serious patient. 8. Be that as it may, since petitioner has served at Haldwani for more than eighteen months on the strength of interim order, therefore, no useful purpose would be served by keeping the writ petition pending. Petitioner holds a 2025:UHC:10691 transferable post and it is for the Competent Authority to decide, where he has to be posted. 9. The writ petition is, accordingly, disposed of with liberty to petitioner to make fresh representation, regarding his transfer. If he makes representation within two weeks from today, respondent no. 2 shall take decision thereupon within four weeks thereafter. For a period of six weeks or till decision is taken, whichever is earlier, petitioner shall not be disturbed from Haldwani. However, if petitioner fails to make representation within stipulated time, the Competent Authority shall be at liberty to relieve the petitioner for joining at the transferred place. (Manoj Kumar Tiwari, J) 01.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.01 04:12:39 -08'00'